Indian Trade And Intercourse Act
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Indian Trade And Intercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four Acts expired after 4 years; the 1802 and 1834 Acts had no expiration. The version of the Act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions ...
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Non-Intercourse Act (1809)
In the last sixteen days of President Thomas Jefferson's Presidency of Thomas Jefferson, presidency, the 10th United States Congress, Congress replaced the Embargo Act of 1807 with the almost unenforceable Non-Intercourse Act of March 1809. This Act lifted all embargoes on American shipping except for those bound for United Kingdom of Great Britain and Ireland, British or First French Empire, French ports. Its intent was to damage the economies of the United Kingdom and France. Like its predecessor, the Embargo Act, it was mostly ineffective, and Origins of the War of 1812, contributed to the coming of the War of 1812. In addition, it seriously damaged the economy of the United States. The Non-Intercourse Act was followed by Macon's Bill Number 2. Despite hurting the economy as a whole, the bill did help America begin to Technological and industrial history of the United States, industrialize, as no British manufactured goods could be imported, so these goods instead had to be pr ...
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Indian Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction over ...
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Narragansett Land Claim
The Narragansett land claim was one of the first litigations of aboriginal title in the United States in the wake of the U.S. Supreme Court's landmark ''Oneida Indian Nation of New York v. County of Oneida'' (1974), or ''Oneida I'', decision. The Narragansett claimed a few thousand acres of land in and around Charlestown, Rhode Island, challenging a variety of early 19th century land transfers as violations of the Nonintercourse Act, suing both the state and private land owners.Jarboe, 2010, at 407 n.72. Judge Raymond James Pettine of the United States District Court for the District of Rhode Island granted the Narragansett's motion to strike the state's affirmative defenses and denied the state's necessary party motion and motion to dismiss. Altogether, the court rejected the state's defenses of: sovereign immunity, laches, statute of limitations/adverse possession, estoppel by sale, operation of state law, and public policy. After the decision, Congress settled the claim w ...
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Joint Tribal Council Of The Passamaquoddy Tribe V
A joint or articulation (or articular surface) is the connection made between bones, ossicles, or other hard structures in the body which link an animal's skeletal system into a functional whole.Saladin, Ken. Anatomy & Physiology. 7th ed. McGraw-Hill Connect. Webp.274/ref> They are constructed to allow for different degrees and types of movement. Some joints, such as the knee, elbow, and shoulder, are self-lubricating, almost frictionless, and are able to withstand compression and maintain heavy loads while still executing smooth and precise movements. Other joints such as sutures between the bones of the skull permit very little movement (only during birth) in order to protect the brain and the sense organs. The connection between a tooth and the jawbone is also called a joint, and is described as a fibrous joint known as a gomphosis. Joints are classified both structurally and functionally. Classification The number of joints depends on if sesamoids are included, age of the h ...
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Indian Land Claims Settlements
Indian Land Claims Settlements are settlements of Native American land claims by the United States Congress, codified in 25 U.S.C. ch. 19. In several instances, these settlements ended live claims of aboriginal title in the United States. The first two—the Rhode Island Claims Settlement Act and the Maine Indian Claims Settlement Act—extinguished all aboriginal title in Rhode Island and Maine, respectively, following initial court rulings in the tribes' favor. The Mohegan Nation (Connecticut) Land Claims Settlement of 1994 also followed a judicial ruling in favor of a tribe, but did not extinguish all aboriginal title in the state. Other tribes had pending land claims. The ''Passamaquoddy'' (1975), '' Narragansett I and II'' (1976), and ''Mohegan'' (1980, 1982) cases occurred in the U.S. Supreme Court's '' Oneida I'' (1974) decision, which held that there was federal subject-matter jurisdiction for such claims. The Florida Indian (Miccosukee) Land Claims Settlem ...
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Nonjusticiability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the parties, meaning that the parties ca ...
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Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberati ...
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Oneida Cnty
Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Nation of the Thames, also known as "Onyota'a:ka First Nation" * Oneida Nation of Wisconsin Places * Oneida County (other) * Oneida Township (other) Canada * Oneida 41, Ontario, also known as the "Oneida Settlement" * Oneida Township, Ontario, a historic township of Haldimand County United States * Oneida, former name of Martell, California * Oneida, Illinois * Oneida, Kansas * Oneida, Kentucky * Oneida, New York * Oneida, Ohio * Oneida, Pennsylvania * Oneida Falls, one of 24 named waterfalls in Ricketts Glen State Park in Pennsylvania * Oneida, Tennessee * Oneida (town), Wisconsin in Outagamie County * Oneida, Wisconsin, unincorporated community in both Outagamie and Brown Counties * Oneida Castle, New York, a vill ...
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Oneida Indian Nation Of N
Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Nation of the Thames, also known as "Onyota'a:ka First Nation" * Oneida Nation of Wisconsin Places * Oneida County (other) * Oneida Township (other) Canada * Oneida 41, Ontario, also known as the "Oneida Settlement" * Oneida Township, Ontario, a historic township of Haldimand County United States * Oneida, former name of Martell, California * Oneida, Illinois * Oneida, Kansas * Oneida, Kentucky * Oneida, New York * Oneida, Ohio * Oneida, Pennsylvania * Oneida Falls, one of 24 named waterfalls in Ricketts Glen State Park in Pennsylvania * Oneida, Tennessee * Oneida (town), Wisconsin in Outagamie County * Oneida, Wisconsin, unincorporated community in both Outagamie and Brown Counties * Oneida Castle, New York, a vill ...
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Federal Power Commission V
Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or regional governments that are partially self-governing; a union of states *Federal republic, a federation which is a republic *Federalism, a political philosophy *Federalist, a political belief or member of a political grouping *Federalization, implementation of federalism Particular governments *Federal government of the United States **United States federal law **United States federal courts *Government of Argentina *Government of Australia *Government of Pakistan *Federal government of Brazil *Government of Canada *Government of India *Federal government of Mexico * Federal government of Nigeria *Government of Russia *Government of South Africa *Government of Philippines Other *''The Federalist Papers'', critical early arguments in fa ...
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Adequate And Independent State Ground
The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts. Introduction It is part of the basic framework of the American legal system that the U.S. Supreme Court is the ultimate arbiter of questions of federal law but the state courts are the ultimate arbiters of the laws of each state. ''See, e.g., Hortonville Joint School District No. 1. v. Hortonville Education Ass’n'', 426 U.S. 482, 488 (1976) (“We are, of course, bound to accept the interpretation of tatelaw by the highest court of the State.”). Thus, generally speaking, the U.S. Supreme Court has the authority (“jurisdiction”) to review state court determinations of federal law, but lacks jurisdiction to review state court determinations of state law. ''See'28 U.S.C. § 1257 This general rule is simple to apply in cases clearly involving only one body of law. If that law is federal, then ...
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Seneca Nation Of Indians V
Seneca may refer to: People and language * Seneca (name), a list of people with either the given name or surname * Seneca people, one of the six Iroquois tribes of North America ** Seneca language, the language of the Seneca people Places Extraterrestrial * Seneca (crater), a lunar crater * 2608 Seneca, an asteroid Water features in the United States * Seneca Creek (North Fork South Branch Potomac River), West Virginia * Seneca Creek (Potomac River), Maryland * Seneca Lake (New York), the largest of the Finger Lakes * Senecaville Lake or Seneca Lake, Ohio, a reservoir * Seneca River (New York), the outlet of Seneca Lake * Seneca River (South Carolina) Communities in the United States and Canada * Seneca, California, an unincorporated community * Seneca, Illinois, a village * Seneca, Kansas, a city * Seneca, Keweenaw County, Michigan, an unincorporated community * Seneca, Maryland, an unincorporated community * Seneca, Missouri, a city * Seneca, Nebraska, a village * Seneca, N ...
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